Huntington Beach, CA 92647
25 September 2004 | Disbarred (20 years, 7 months ago) Disbarment 03-N-03106 |
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10 April 2004 | Not eligible to practice law in CA (21 years ago) Ordered inactive 03-N-03106 |
14 December 2003 | Not eligible to practice law in CA (21 years, 4 months ago) Ordered inactive 03-N-03106 |
16 September 2003 | Not eligible to practice law in CA (21 years, 7 months ago) Suspended, failed to pay fees |
10 September 2003 | Disciplinary charges filed in State Bar Court 03-N-03106 (21 years, 7 months ago) |
28 May 2003 | Not eligible to practice law in CA (21 years, 11 months ago) Discipline w/actual suspension 00-O-15435 |
10 May 2002 | Disciplinary charges filed in State Bar Court 02-O-11352 (22 years, 12 months ago) |
22 April 2002 | Disciplinary charges filed in State Bar Court 01-O-03399 (23 years ago) |
28 December 2001 | Disciplinary charges filed in State Bar Court 01-O-02994 (23 years, 4 months ago) |
7 December 2001 | Disciplinary charges filed in State Bar Court 00-O-15435 (23 years, 5 months ago) |
25 June 1976 | Admitted to the State Bar of California (48 years, 10 months ago) |
September 25, 2004 ERIC MONROE ST. JOHN [#69432], 54, of Huntington Beach was disbarred Sept. 25, 2004, and was ordered to comply with rule 955. St. John failed to comply with a rule 955 requirement imposed as part of a 2003 disciplinary order. He did not file with the Supreme Court an affidavit stating that he notified his clients and other pertinent parties of his suspension from practice.The underlying discipline was the result of misconduct in six client matters that included failure to perform legal services competently, communicate with clients, refund unearned fees, return a client file or cooperate with a bar investigation. He also improperly withdrew from representation and violated a court order.May 28, 2003 ERIC MONROE ST. JOHN [#69432], 53, of Huntington Beach was suspended for two years, stayed, placed on two years of probation with a 120-day actual suspension and was ordered to prove his rehabilitation, take the MPRE and comply with rule 955. The order took effect May 28, 2003. St. John stipulated to misconduct in six consolidated cases, most involving his failure to perform legal services competently, communicate with his clients or refund unearned fees in family law matters. In addition, he stipulated that he withdrew from employment without protecting his clients' interests, violated a court order and failed to promptly return a client's file and cooperate with the bar's investigation.In one matter for instance, St. John represented a client who advanced a $3,000 fee for a dissolution action. He stipulated to four items that were ordered by the court, including preparation of a Qualified Domestic Relations Order (QDRO) for the client's wife's pension. The QDRO was to be signed within two weeks of its presentation to the court.St. John did not meet the terms of the court's order.Sixteen months later, the client gave St. John another $750 to file a petition seeking to enforce the court orders. The client told St. John that if he was not going to proceed with the petition, he should return the money.Although St. John did no more work on the case, he deposited the money in his bank account, claiming that the client owed him money for other services. He did not return the client's many phone calls or answer six certified letters inquiring about the case. He never advised the client he was no longer representing him and remained his attorney of record.In a malpractice action and a collections matter for which St. John was paid $5,000, he did not return the client's 26 phone calls seeking information. He also did not respond to four letters from the client firing him and seeking a refund of his money and a return of his documents. When the client went to St. John's office, she discovered the lawyer had moved three days earlier. She finally was able to meet with him, and St. John admitted he never filed her malpractice suit and never contacted the collection agency on her behalf.St. John did not answer two more letters but eventually returned his client's file.She sued him in small claims court and won a default judgment of $5,020. He filed a motion to vacate the judgment but about the time of the hearing, he refunded $5,000 in unearned fees.In mitigation, St. John has performed pro bono work for many years. In 1999, his daughter was severely injured and disabled in a car accident, and St. John became severely depressed as a result of her medical condition. His wife, who was his office manager, had to leave her job to care for their daughter. The daughter's medical expenses exceeded St. John's insurance and as a result he declared bankruptcy and his house went into foreclosure. He has no prior record of discipline. |